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of the order and the agreement as written, we must first examine
the terms and tenor of those contracts.
1. Order
Among the relevant provisions of the order, paragraph 3 of
the “Legal Notice” (p. 4) states:
All charging orders for spousal support and alimony
pendente lite, including unallocated orders for child
and spousal support or child support and alimony
pendente lite, shall terminate upon death of the payee.
2. Agreement
Among the relevant provisions of the agreement, paragraph 10
(“Waiver Or Modification To Be In Writing”) states:
No modification or waiver of any of the terms hereof shall
be valid unless in writing and signed by both parties and no
waiver or any breach hereof or default hereunder shall be
deemed a waiver of any subsequent default of the same
similar nature.
Moreover, paragraph 13 (“Integration”) reads:
This agreement constitutes the entire understanding of the
parties and supercedes any and all prior agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
Section B (“Support, Alimony, and Alimony Pendente Lite
Provisions”) states:
Husband shall pay alimony pendente lite to Wife in the
sum of One Thousand Four Hundred Dollars ($1,400) per
month until entry of the decree in divorce between the
parties or for a period of four (4) months after the
execution date of this agreement. Such payments shall
terminate in the event of Husband’s death of Wife’s
prior death. The alimony pendente lite order for
support shall remain in full force and effect until the
divorce decree is entered.
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Last modified: May 25, 2011